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| Public Act 100-0404 | ||||
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 1. This Act may be referred to as the Evan Rushing | ||||
Law. | ||||
Section 5. The Criminal Code of 2012 is amended by changing | ||||
Section 9-3.3 as follows:
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(720 ILCS 5/9-3.3) (from Ch. 38, par. 9-3.3)
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Sec. 9-3.3. Drug-induced homicide.
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(a) A person commits drug-induced homicide when he or she | ||||
who violates Section
401 of
the Illinois Controlled Substances | ||||
Act or Section 55 of the Methamphetamine Control and Community | ||||
Protection Act by unlawfully delivering a controlled
substance | ||||
to another, and any person's death is caused by the injection,
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inhalation, absorption, or ingestion of any amount of that | ||||
controlled substance, commits the
offense of drug-induced | ||||
homicide.
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(a-5) A person commits drug-induced homicide when he or she | ||||
violates the law of another jurisdiction, which if the | ||||
violation had been committed in this State could be charged | ||||
under Section 401 of the Illinois Controlled Substances Act or | ||||
Section 55 of the Methamphetamine Control and Community | ||||
Protection Act, by unlawfully delivering a controlled | ||
substance to another, and any person's death is caused in this | ||
State by the injection, inhalation, absorption, or ingestion of | ||
any amount of that controlled substance. | ||
(b) Sentence. Drug-induced homicide is a Class X felony, | ||
except: .
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(1) (c) A person who commits drug-induced homicide by | ||
violating subsection (a)
or subsection (c) of Section 401 | ||
of the Illinois Controlled Substances Act or Section 55 of | ||
the Methamphetamine Control and Community Protection Act
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commits a Class X felony for which the
defendant shall in | ||
addition to a sentence authorized by law, be sentenced
to a | ||
term of imprisonment of not less than 15 years and not more | ||
than 30
years or an extended term of not less than 30 years | ||
and not more than 60 years.
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(2) A person who commits drug-induced homicide by | ||
violating the law of another jurisdiction, which if the | ||
violation had been committed in this State could be charged | ||
under subsection (a) or subsection (c) of Section 401 of | ||
the Illinois Controlled Substances Act or Section 55 of the | ||
Methamphetamine Control and Community Protection Act, | ||
commits a Class X felony for which the defendant shall, in | ||
addition to a sentence authorized by law, be sentenced to a | ||
term of imprisonment of not less than 15 years and not more | ||
than 30 years or an extended term of not less than 30 years | ||
and not more than 60 years. | ||
(Source: P.A. 97-191, eff. 7-22-11.)
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